Summary
A 60-year-old group manager with over 36 years of security clearance was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from his illegal marijuana use, which occurred from approximately August 2006 until at least April 2013, while he possessed a secret security clearance. This conduct raised disqualifying conditions related to illegal drug use and personal conduct that could create vulnerability.
Specifically, the Statement of Reasons cited his illegal marijuana use during this period as a violation of trust and a concealment of information that could affect his standing. While mitigating conditions were considered, the judge ultimately found that the applicant's actions raised serious questions about his reliability and trustworthiness.
The decision highlighted that the applicant's promise to abstain from future illegal drug use was insufficient given his history of violations. The recency of his illegal drug use also demonstrated a lack of judgment and compliance with the law, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant's illegal marijuana use while holding a security clearance raised serious questions about his reliability and trustworthiness.
- The applicant's promise to abstain from illegal drug use was deemed insufficient given his history of violations.
- The applicant's illegal drug use was recent and demonstrated a lack of judgment and compliance with the law.
Conditions referenced
- H.24raisedDrug Involvement
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
- H.25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
- E.15raisedPersonal Conduct
- E.16(e)raisedConcealment of Information
- H.26(a)rejectedBehavior Unlikely to RecurThe applicant's illegal drug use was recent and recurrent.
- H.26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's promise to abstain was not credible given his history.
- E.17(e)appliedPositive Steps to Reduce VulnerabilityThe applicant was candid about his illegal drug use in his application.
Key rule quoted
“"Security clearance determinations should err, if they must, on the side of denials."”
Procedural posture
- SOR issuedApr 3, 2014
- Answer filedApr 23, 2014Applicant elected to proceed without a hearing.
- Decision dateOct 28, 2014
Cite for
- Denial of Clearance Due to Illegal Drug Use Under Guideline H
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Credibility of Applicant's Promises to Abstain From Illegal Drug Use